effective as of 20.09.2021
Primagran Store Regulations
- CONTACT DETAILS
- PURCHASE ORDER
- COST OF ORDER
- ORDER EXECUTION
- WITHDRAWAL FROM THE CONTRACT
- WITHDRAWAL FROM THE CONTRACT - EXCLUSIONS
- OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES
- PERSONAL DATA
- TECHNICAL REQUIREMENTS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FROM THE CONTRACT FORM
Online store primagran.ie cares about consumer and entrepreneurs in the capacity of a consumer. A consumer and an entrepreneur in the capacity of a consumer cannot waive the rights granted to him by the Consumer Rights Act. Contract provisions that are less favourable for the consumer or entrepreneur in the capacity of a consumer than the provisions of the Consumer Rights Act shall be null and void, and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers and entrepreneurs in the capacity of a consumer to which they are entitled under mandatory provisions of law, and any possible doubts should be interpreted in favour of the consumer or the entrepreneur in the capacity of a consumer. In the event of any inconsistency between the provisions of these Regulations and the foregoing provisions, those provisions shall prevail and shall apply.
§ 1 Definitions
- Business days - days from Monday to Friday except for public holidays.
- Consumer - Buyer who is a consumer within the meaning of the Civil Code.
- Entrepreneur in the capacity of a consumer - a Buyer who is a natural person, concluding a contract directly related to his business activity, when the content of the contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of his business activity.
- User Account - free of charge, regulated by a separate, available in the Store regulations, function of the Store (service) allowing the Buyer to create an individual user account in the Store. (Go to User Account Regulations)
- Buyer - any entity making purchases in the Store.
- Regulations - these regulations.
- Store - "Primagran" online store operated by the seller at primagran.ie
- Seller - Primagran Spółka z ograniczoną odpowiedzialnością Żuławki 15 C, 82-103 Stegna, Poland, entered into the National Court Register - Register of Entrepreneurs by the District Court Gdańsk-Północ in Gdańsk 7th Commercial Division under KRS number: 0000367567, NIP: 9571039974, REGON: 221041203, BDO: 000150841, with a share capital of PLN 500000.00.
§ 2 Personal data
- Postal address: Primagran Sp. z o.o., Żuławki 15C, 82-103 Stegna, Poland.
- Return address: Magazyn Primagran Sp. z o.o., ul. Tczewska 24, 83-000 Pruszcz Gdański, Poland.
- E-mail address: [email protected]
- Phone number: +3538181111178
§ 3 Purchase order
- In order to make purchases in the Store (conclude a contract of sale), you must first add goods to the shopping cart.
- Then the Buyer chooses the method of delivery of the goods, the method of payment for the order, and provides his/her data (including the address for shipping the order).
- The moment the Buyer confirms the content of the placed order and accepts the content of the Regulations, a sales contract is concluded between the Buyer and the Seller under the conditions specified in the Regulations, subject to paragraph 4 for cases in which the Buyer has chosen to pay in advance for the placed order.
- If the Buyer has decided to pay in advance for the order, the sales contract will be concluded on condition that the order is paid within the period specified in § 5 of the Regulations. After this time, the order will be cancelled.
- The Seller shall provide the Buyer with a confirmation of conclusion of the sales contract on a durable medium within a reasonable time after its conclusion, at the latest upon delivery of the goods.
- Buyer can make purchases using a user account or without setting up a user account by providing his data once in the designated order form in the store.
- In the case of the Buyer, who is also an entrepreneur, the order can be processed only if an active VAT number or EU VAT number (VIES) is entered in the order form.
§ 4 Cost of order
- Prices given in the Store are gross prices, i.e. they include VAT.
- The total cost of an order consists of the price of the goods and the delivery costs of the goods listed in the Store.
§ 5 Payments
- The Buyer may pay for the goods purchased in the Store, depending on the method of payment selected when placing the order:
a) by bank transfer to the Seller's bank account,
b) via PayU payment platform - by choosing this method you accept: "PayU Single Payment Transaction Regulations"
c) cash on delivery at the time of delivery.
- If the Buyer has chosen the payment method referred to in paragraph 1(a) for the order should pay within 7 working days from the date of conclusion of the sales contract.
- The Seller informs that due to the specificity of the payment method referred to in paragraph 1 point b), making payment in this way is possible only immediately after placing the order.
- If the Buyer has chosen the payment method referred to in paragraph 1(c) and the total value of the order exceeds the equivalent of EUR 500 . The seller reserves the right to refrain from implementing it. In such a case, the Seller shall immediately inform the Buyer about the fact of suspension of the execution of the order.
§ 6 Order execution
- Goods purchased in the Store are delivered through a courier company, from the Seller's warehouse located in Poland.
- Delivery time is up to 7 working days, unless a shorter period is indicated in the Store. If the Buyer places an order for more than 3 pieces of sinks, the order processing time may be extended by no more than 14 working days.
- The order lead time is counted from the date of conclusion of the sales contract, subject to paragraph 5.
- If an order consists of several products, the lead time for the entire order is the lead time for the product with the longest lead time.
- If the Buyer has opted for the payment referred to in § 5.1 (a) and (b) the execution of the order shall be commenced upon receipt of payment for the purchased goods by the Seller.
- Goods are delivered in the territory of Ireland (excluding Northern Ireland). In case that during purchasing process the Buyer provides an incorrect delivery address and, as consequence, the ordered goods are returned to the Seller, the Seller will be entitled to charge the Buyer with the shipping costs or will be entitled to adequately reduce the reimbursement described in §7.
- The seller is obliged to deliver the goods without defects. The principle described in the previous sentence does not apply to goods marked in the Store as category B goods in the case of which the defect was the basis for reducing the sales price.
- After an order is placed, the Seller may ask the Buyer to:
(a) complete a survey or,
(b) send an invitation to the Buyer to the Buyer's e-mail address and/or telephone number provided during the order placement process to complete a survey in order to gauge the Buyer's opinion on the transaction with the Seller, which the Buyer may or may not use.
§ 7 Withdrawal from the contract
(Right available only to the Consumer and, from 1 January 2021 and for contracts concluded from that date, to the Entrepreneur in the capacity of a consumer)
- Consumer and Entrepreneur in the capacity of a consumer has the right to withdraw from the contract concluded with Seller through the Shop, subject to § 8.1 of the Regulations, within 30 days without giving any reason.
- The withdrawal period expires 30 days after the date:
(a) on which the Consumer or Entrepreneur in capacity of a consumer has taken possession of the goods or on which a third party other than the carrier and indicated by the Consumer or Entrepreneur in capacity of a consumer has taken possession of the goods,
(b) on which the Consumer or the Entrepreneur in the capacity of a consumer took possession of the last of the items or on which a third party other than the carrier and indicated by the Consumer or the Entrepreneur in the capacity of a consumer took possession of the last of the items in the case of a contract that involves the transfer of ownership of multiple items that are delivered separately.
- In order for a Consumer or Entrepreneur in the capacity of a consumer to exercise the right of withdrawal he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
- A Consumer or Entrepreneur in the capacity of a consumer may use the model withdrawal form located at the end of the Regulations, but it is not mandatory.
- In order to meet the withdrawal deadline it is sufficient for the Consumer or Entrepreneur in the capacity of a consumer to send information concerning the exercise of his/her right of withdrawal before the withdrawal period has expired.
- In the case of withdrawal from the concluded contract the Seller returns to the Consumer or Entrepreneur in the capacity of a consumer all payments received from him, including the cost of delivery of goods (except for additional costs arising from the chosen by the Consumer / Entrepreneur in the capacity of a consumer delivery method other than the cheapest ordinary delivery method offered by the Seller). Reimbursement of payments will be made immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision of the Consumer or Entrepreneur in the capacity of a consumer to exercise the right of withdrawal, subject to paragraph 9.
- The payment will be refunded by the Seller to the bank account provided by the Consumer/Entrepreneur in the capacity of a consumer. In any case, the Consumer/Entrepreneur in the capacity of a consumer will not incur any fees in connection with this return.
- However, the seller may withhold the refund until it receives the goods or until it provides proof of return, whichever occurs first.
- Seller requests that merchandise be returned to: Magazyn Primagran, ul. Tczewska 24, 83-000 Pruszcz Gdański, Poland, immediately, and in any case not later than 14 days from the date on which the Consumer / Entrepreneur in the capacity of a consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the Consumer or Entrepreneur in the capacity of a consumer sends back the goods before the expiry of the 14-day period.
- The Consumer or Entrepreneur in the capacity of a consumer shall bear the direct costs of returning the goods.
- If the goods due to their nature (e.g. due to their size) can not be returned in the usual way by post, the Consumer or Entrepreneur in the capacity of a consumer will also have to bear the direct costs of returning the goods.
- The Consumer or Entrepreneur in the capacity of a consumer is liable only for the diminished value of the goods resulting from the use of the goods in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the goods.
- In addition, the Seller informs that at the time of delivery of goods to the Consumer or Entrepreneur in the capacity of a consumer or receipt by the Buyer / Entrepreneur - to the Buyer passes the risk of accidental loss or damage to the thing and it is he who is responsible for the thing from that moment.
- In connection with paragraph 13, Seller recommends that returned goods, due to their nature, be properly secured for the duration of their transport to Seller.
- In the event that the returned goods are damaged at the stage of sending them back to the Seller by the Consumer or the Entrepreneur in the capacity of a consumer, the Seller shall inform the Consumer or the Entrepreneur in the capacity of consumer immediately providing him with documentation of damage. The Consumer or Entrepreneur in the capacity of a consumer must, within 3 days of receiving this documentation, declare their willingness to take back the damaged goods. If there is no information about the willingness to collect the damaged goods, after the expiry of the aforementioned period, the Seller is entitled to dispose of the damaged goods. The Consumer or Entrepreneur in the capacity of a consumer, based on the documentation received from the Seller, may claim compensation for damage to the goods from the carrier.
§ 8 Withdrawal from the contract - exclusions
- The right of withdrawal from the contract concluded at a distance, referred to in § 7, is not entitled to the Consumer or Entrepreneur in the capacity of a consumer with respect to contracts:
(a) in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things;
b) in which the object of performance is a non-refabricated item produced to the specification of the Consumer / Entrepreneur in the capacity of a consumer or to meet his individual needs.
- The Seller informs that in case when on request and according to the specification of the Consumer/Entrepreneur in the capacity of a consumer the Seller will make changes to the finished product (e.g. drilling additional holes, widening the holes, etc.) A Consumer or Entrepreneur in the capacity of a consumer will not have the right to return the goods (withdraw from the contract) in accordance with Article 38(3) of the Consumer Rights Act.
- The Seller informs that if the Consumer or Entrepreneur in the capacity of a consumer makes changes to the purchased goods, for example: by punching or drilling holes in the sub-milled sink, the Consumer or Entrepreneur in the capacity of a consumer will not be entitled to return the goods (withdraw from the contract) in accordance with Article 38 (3) of the Act on Consumer Rights.
§ 9 Complaints
- In the case of a defect in the goods Consumer or Entrepreneur in the capacity of a consumer for contracts concluded from 01.01.2021, has the right to claim the defective goods on the basis of warranty regulated by the Civil Code Act. Defects of the Sinks which constitute grounds for classifying the given sink as category B product and consequently reduce the selling price of the given sink are excluded from the complaint.
- In the event of a defect in the goods Consumer or Entrepreneur in the capacity of a consumer for contracts concluded from 01.01.2021 may, under the rules and within the time limits set by the Civil Code:
(a) make a statement of price reduction,
(b) in the case of a material defect - make a declaration of withdrawal from the contract,
(c) demand that the item be replaced with a defect-free item,
(d) demand the removal of the defect.
- In relation to the Entrepreneur other than the Entrepreneur in the capacity of a consumer any liability of the Seller, to the extent permitted by law, (including under warranty for defects in goods, as well as for damages suffered) having to do with the Regulations is excluded.
- If there is a warranty on the goods, information about it will be placed in the description of the goods in the Store.
- The Seller requests that complaints made under the warranty be sent by e-mail or in writing to the appropriate address indicated in § 2 of the Regulations.
- In order to consider a complaint submitted under the warranty, if necessary, the Consumer or Entrepreneur in the capacity of a consumer for contracts concluded from 01.01.2021 is obliged, at the expense of the Seller, to deliver the defective goods to the postal address of the Seller indicated in § 2 of the Regulations.
- The Seller recommends that the following information is included in the complaint: the Buyer's identification data, a brief description of the defect, the moment the defect was found and the Buyer's complaint request.
- In case of visible damages, i.e. damages that can be seen immediately without opening the package (e.g. damage to the carton), you should request the shipment supplier to prepare a protocol or refuse to accept the shipment.
- According to Article 545 § 2 of the Civil Code, the Buyer is obliged to inspect the consignment at the time and in the manner usual for consignments of this type; if he finds that during transport there was a loss or damage to the goods, he is obliged to take all necessary steps to determine the liability of the carrier.
- Notification of damage that cannot be seen from the outside, which the Buyer has noticed after taking delivery should be made within 7 days of taking delivery.
- The requirement in paragraph 10 is related to restrictions under the Transportation Law.
- Complaints regarding the functioning of the Store should be submitted electronically to the e-mail address specified in § 2.2 of the Regulations.
- The Seller will respond to the complaint within 14 days.
- Any complaints related to the mismatch between the sink and the cabinet due to the installation of accessories in additional holes will not be considered. The suggested cabinet size given on Primagran's website does not take into account additional openings made at the request of the Consumer/Entrepreneur in the capacity of a consumer.
§ 10 Out-of-court complaint handling and redress procedures
- In the situation when the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:
a. principles of free mediation conducted by the appropriate Regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595,
b. the rules of free-of-charge assistance of the relevant permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the matter before the arbitration court should be submitted. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596,
c. the free assistance of a municipal or county consumer advocate,
d. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 11 Personal data
- The Controller of Buyers' personal data submitted to the Seller in connection with the Store is the Seller.
§ 12 Technical requirements
§ 13 Final provisions
- Sales contract concluded on the basis of these Regulations concerns a specific and one-time order - it is concluded in order and for the time of its execution. Each order requires a separate acceptance of the Regulations.
- Any recommendation of the Seller, which is contained in the Regulations, has in relation to the Consumer or Entrepreneur in the capacity of a consumer only the nature of a non-binding guidance, which the Consumer / Entrepreneur in the capacity of a consumer may, but does not have to use. Failure by the Consumer or Entrepreneur in the capacity of a consumer to use the recommendations of the Seller in no way affects the rights of the Consumer or Entrepreneur in the capacity of a consumer, and in particular does not affect the rights associated with the warranty and withdrawal from the contract referred to in § 7 of the Regulations.
- Notwithstanding the rights referred to in § 7 of the Regulations, each party to the contract shall have the right to withdraw from the contract in the event of the other party's delay in performing its obligation within the period specified in the sales contract, without the need to set an additional deadline. This provision is without prejudice to the rights of the Consumer or Entrepreneur in the capacity of a consumer under the law.
- It is prohibited for the Buyer to provide content of an unlawful nature.
- Contracts concluded in connection with the Store are concluded in the english language.
- In case of any disputes with the Buyer being an Entrepreneur, excluding Entrepreneurs in the capacity of a consumer, the competent court shall be the court having jurisdiction over the registered office of the Seller.
Below is a sample withdrawal form that a Consumer or Entrepreneur in the capacity of a consumer may or may not use:
MODEL WITHDRAWAL FORM
(this form must be completed and returned only if you wish to withdraw from the contract)
return address: Magazyn Primagran, ul. Tczewska 24, 83-000 Pruszcz Gdański, Poland
Primagran Sp. z o.o., Żuławki 15C,
82-103 Stegna, Poland, e-mail: [email protected]
I _____________________________________________________ hereby give notice of my withdrawal from the contract of sale of the following items:
- Receipt date ____________________________________________________________________
- First and last name of the Consumer ___________________________________________________
- Name of the Entrepreneur in the capacity of a consumer ___________________________________
– Address __________________________________________________________________________
- The bank account number to which the refund is to be made in connection with the withdrawal: ___________________________________________________________________________
Signature of the consumer/Entrepreneur in the capacity of a consumer
(only if the form is sent in hard copy)
– Date …………………………………..
(*) Delete as appropriate
Primagran Sp. z o.o. with its registered office in Poland, Żuławki, 82-103 Stegna, Żuławki 15C, entered to the register of entrepreneurs held by the District Court for Gdańsk-Północ in Gdańsk, Poland, 7th Commercial Division of the National Court Register under KRS number 0000367567, share capital of PLN 500000, REGON 221041203, NIP 957-103-99-74.